Planning and Zoning

CHAPTER 64 - SITE DESIGN POLICIES

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64.450 MARKETABILITY OF TITLE:

Prior to such dedication, a person proposing to subdivide the land shall deliver to the City Attorney for examination an up to date abstract of title or registered property certificate for examination, or a title opinion by a person licensed to practice law in Minnesota.  If the examination of title by the City Attorney, or the title opinion indicates that title is not marketable, no subdivision of the land shall occur until such steps are taken by the subdivider to permit marketable title, subject to the exceptions set forth in Section  64.451, to be conveyed to the City by dedication upon the lands' subdivision or by a subsequent separate conveyance.


64.451

Exceptions:  The title to lands proposed to be subdivided shall not be deemed unmarketable pursuant to this section by virtue of the fact that a mortgage or other equitable interest in the lands is held by a person other than the subdivider; or that the lands are subject to the lien of a special assessment.  Provided, that any conveyance or other act of the subdivider which thereafter conveys to the city title to the lands dedicated shall be free and clear of any such equitable interest or mortgage.


64.452

Special Assessments; Real Estate Taxes:  The City shall be responsible for the payment of any special assessments levied on the lands dedicated pursuant to this section.  Payment of real estate taxes payable on the land dedicated in the year of dedication shall be prorated between the City and the person subdividing the property.



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Page Last Modified On: Tuesday, November 08, 2005